2026 -- H 8003 SUBSTITUTE A

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LC005726/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING

AND LAND USE ACT

     Introduced By: Representatives Noret, and Read

     Date Introduced: February 27, 2026

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

SECTION 1. Section 45-22.2-10 of the General Laws in Chapter 45-22.2 entitled "Rhode Island

Comprehensive Planning and Land Use Act" is hereby amended to read as follows:

     45-22.2-10. Coordination of state agencies.

     (a) State agencies shall develop their respective programs and conduct their respective

activities in a manner consistent with the findings, intent, and goals established under this chapter.

     (b) The chief shall develop standards to assist municipalities in the incorporation of the

state goals and policies into comprehensive plans, and to guide the chief’s review of comprehensive

plans and state agency activities.

     (c) The state planning council shall adopt and maintain all rules and regulations necessary

to implement the standards established by this chapter.

     (d) The chief shall develop and make readily available to all municipalities statewide data

and technical information for use in the preparation of comprehensive plans. Data specific to each

municipality shall be provided by that municipality. The chief shall make maximum use of existing

information available from other agencies.

     (e) The chief may contract with any person, firm, or corporation to develop the necessary

planning information and coordinate with other state agencies as necessary to provide support and

technical assistance for local planning efforts.

     (f) The chief shall notify appropriate state agencies of the approval of a comprehensive

plan or amendment to a comprehensive plan.

     (g) Once a municipality’s comprehensive plan is approved and remains valid under § 45-

22.2-12(b), programs and projects of state agencies, excluding the state guide plan as provided for

by § 42-11-10 and adaptive reuse projects, which, at the time of the submission of any permitting

applications, are located on state-owned property, meeting the requirements of § 45-24-37(h), shall

conform to that plan. In the event that a state agency wishes to undertake a program, project, or to

develop a facility which is not in conformance with the comprehensive plan, the state planning

council shall hold a public hearing on the proposal at which the state agency must demonstrate:

     (1) That the program, project, or facility conforms to the stated goals, findings, and intent

of this chapter; and

     (2) That the program, project, or facility is needed to promote or protect the health, safety,

and welfare of the people of Rhode Island; and

     (3) That the program, project, or facility is in conformance with the relevant sections of the

state guide plan; and

     (4) That the program implementation, project, or size, scope, and design of the facility will

vary as little as possible from the comprehensive plan of the municipality.

     SECTION 2. Sections 45-23-27, 45-23-32, 45-23-50 and 45-23-60 of the General Laws in

Chapter 45-23 entitled "Subdivision of Land" are hereby amended to read as follows:

     45-23-27. Applicability.

     (a) Sections 45-23-25 — 45-23-74 and all local regulations are applicable to all

applications under this chapter, except as specifically set forth or superseded herein.

     (b) Plats required.

     (1) All activity defined as a subdivision requires a new plat, drawn to the specifications of

the local regulations, and reviewed and approved by the planning board or its agents as provided in

this chapter; and

     (2) Prior to recording, the approved plat shall be submitted for signature and recording as

specified in § 45-23-64.

     45-23-32. Definitions.

     Where words or phrases used in this chapter are defined in the definitions section of either

the Rhode Island Comprehensive Planning and Land Use Regulation Act, § 45-22.2-4, or the Rhode

Island Zoning Enabling Act of 1991, § 45-24-31, they have the meanings stated in those acts.

Additional words and phrases may be defined in local ordinances, regulations, and rules under this

act in a manner that does not conflict or alter the terms or mandates in this act, the Rhode Island

Comprehensive Planning and Land Use Regulation Act § 45-22.2-4, and the Rhode Island Zoning

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Enabling Act of 1991. The words and phrases defined in this section, however, shall be controlling

in all local ordinances, regulations, and rules created under this chapter. In addition, the following

words and phrases have the following meanings:

     (1) Administrative officer. The municipal official(s) designated by the local regulations

to administer the land development and subdivision regulations to review and approve qualified

applications and/or coordinate with local boards and commissions, municipal staff, and state

agencies as set forth herein. The administrative officer may be a member, or the chair, of the

planning board, an employee of the municipal planning or zoning departments, or an appointed

official of the municipality. See § 45-23-55.

     (2) Board of appeal. The local review authority for appeals of actions of the administrative

officer, which shall be the local zoning board of review constituted as the board of appeal. See §

45-23-57.

     (3) Bond. See improvement guarantee.

     (4) Buildable lot. A lot where construction for the use(s) permitted on the site under the

local zoning ordinance is considered practicable by the planning board, considering the physical

constraints to development of the site as well as the requirements of the pertinent federal, state, and

local regulations. See § 45-23-60(a)(4).

     (5) Certificate of completeness. A notice issued by the administrative officer informing

an applicant that the application is complete and meets the requirements of the municipality’s

regulations, and that the applicant may proceed with the review process.

     (6) Concept plan. A drawing with accompanying information showing the basic elements

of a proposed land development plan or subdivision as used for pre-application meetings and early

discussions, and classification of the project within the approval process.

     (7) Consistency with the comprehensive plan. A requirement of all local land use

regulations which means that all these regulations and subsequent actions are in accordance with

the public policies arrived at through detailed study and analysis and adopted by the municipality

as the comprehensive community plan as specified in § 45-22.2-3.

     (8) Dedication, fee-in-lieu-of. Payments of cash that are authorized in the local regulations

when requirements for mandatory dedication of land are not met because of physical conditions of

the site or other reasons. The conditions under which the payments will be allowed and all formulas

for calculating the amount shall be specified in advance in the local regulations. See § 45-23-47.

     (9) Development plan review. Design or site plan review of a development of a permitted

use. A municipality may utilize development plan review under limited circumstances to encourage

development to comply with design and/or performance standards of the community under specific

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and objective guidelines, for the following categories of developments:

     (i) A change in use at the property where no extensive construction of improvements is

sought;

     (ii) An adaptive reuse project located in a commercial zone where no extensive exterior

construction of improvements is sought;

     (iii) An adaptive reuse project located in a residential zone that results in less than nine (9)

residential units;

     (iv) Development in a designated urban or growth center; or

     (v) Institutional development for educational or hospital facilities.

     (vi) [Deleted by P.L. 2024, ch. 292, § 1 and P.L. 2024, ch. 293, § 1.]

     (vii) An adaptive reuse project, which at the time of the first application for permitting

approval, is located on state-owned property meeting the requirements of § 45-24-37(h).

     (10) Development regulation. Zoning, subdivision, land development plan, development

plan review, historic district, official map, flood plain regulation, soil erosion control, or any other

governmental regulation of the use and development of land.

     (11) Division of land. A subdivision.

     (12) Environmental constraints. Natural features, resources, or land characteristics that

are sensitive to change and may require conservation measures or the application of special

development techniques to prevent degradation of the site, or may require limited development, or

in certain instances, may preclude development. See also physical constraints to development.

     (13) Final plan. The final stage of land development and subdivision review or a formal

development plan review application. See §§ 45-23-38, 45-23-39, and 45-23-50.

     (14) Final plat. The final drawing(s) of all or a portion of a subdivision to be recorded after

approval by the planning board and any accompanying material as described in the community’s

regulations and/or required by the planning board.

     (15) Floor area, gross. See R.I. State Building Code.

     (16) Governing body. The body of the local government, generally the city or town

council, having the power to adopt ordinances, accept public dedications, release public

improvement guarantees, and collect fees.

     (17) Improvement. Any natural or built item that becomes part of, is placed upon, or is

affixed to, real estate.

     (18) Improvement guarantee. A security instrument accepted by a municipality to ensure

that all improvements, facilities, or work required by the land development and subdivision

regulations, or required by the municipality as a condition of approval, will be completed in

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compliance with the approved plans and specifications of a development. See § 45-23-46.

     (19) Land development project. A project in which one or more lots, tracts, or parcels of

land or a portion thereof are developed or redeveloped as a coordinated site for one or more uses,

units, or structures, including but not limited to, planned development or cluster development for

residential, commercial, institutional, recreational, open space, or mixed uses. The local regulations

shall include all requirements, procedures, and standards necessary for proper review and approval

of land development projects to ensure consistency with this chapter and the Rhode Island zoning

enabling act.

     (i) Minor land development project. A land development project involving any one of

the following categories which has not otherwise been specifically designated by local ordinance

as development plan review:

     (A) Seven thousand five hundred (7,500) gross square feet of floor area of new commercial,

manufacturing, or industrial development, or less; or

     (B) An expansion of up to fifty percent (50%) of existing floor area or up to ten thousand

(10,000) square feet for commercial, manufacturing, or industrial structures; or

     (C) Mixed-use development consisting of up to six (6) dwelling units and two thousand

five hundred (2,500) gross square feet of commercial space or less; or

     (D) Multi-family residential or residential condominium development of nine (9) units or

less; or

     (E) Change in use at the property where no extensive construction of improvements is

sought; or

     (F) An adaptive reuse project of up to twenty-five thousand (25,000) square feet of gross

floor area located in a commercial zone where no extensive exterior construction of improvements

is sought; or

     (G) An adaptive reuse project located in a residential zone that results in less than nine (9)

residential units.; or

     (H) An adaptive reuse project, which at the time of the first application for permitting

approval, is located on state-owned property meeting the requirements of § 45-24-37(h).

     A community can increase but not decrease the thresholds for minor land development set

forth above if specifically set forth in the local ordinance and/or regulations. The process by which

minor land development projects are reviewed by the local planning board, commission, technical

review committee, and/or administrative officer is set forth in § 45-23-38.

     (ii) Major land development project. A land development project that exceeds the

thresholds for a minor land development project as set forth in this section and local ordinance or

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regulation. The process by which major land development projects are reviewed by the local

planning board, commission, technical review committee, or administrative officer is set forth in §

45-23-39.

     (20) Local regulations. The land development and subdivision review regulations adopted

under the provisions of this act. For purposes of clarification, throughout this act, where reference

is made to local regulations, it is to be understood as the land development and subdivision review

regulations and all related ordinances and rules properly adopted pursuant to this chapter.

     (21) Maintenance guarantee. Any security instrument that may be required and accepted

by a municipality to ensure that necessary improvements will function as required for a specific

period of time. See improvement guarantee.

     (22) Master plan. An overall plan for a proposed project site outlining general, rather than

detailed, development intentions. It describes the basic parameters of a major development

proposal, rather than giving full engineering details. Required in major land development or major

subdivision review only. It is the first formal review step of the major land development or major

subdivision process and the step in the process in which the public hearing is held. See § 45-23-39.

     (23) Modification of requirements. See § 45-23-62.

     (24) Parcel. A lot, or contiguous group of lots in single ownership or under single control,

and usually considered a unit for purposes of development. Also referred to as a tract.

     (25) Parking area or lot. All that portion of a development that is used by vehicles, the

total area used for vehicular access, circulation, parking, loading, and unloading.

     (26) Permitting authority. The local agency of government, meaning any board,

commission, or administrative officer specifically empowered by state enabling law and local

regulation or ordinance to hear and decide on specific matters pertaining to local land use.

     (27) Phased development. Development, usually for large-scale projects, where

construction of public and/or private improvements proceeds by sections subsequent to approval

of a master plan for the entire site. See § 45-23-48.

     (28) Physical constraints to development. Characteristics of a site or area, either natural

or man-made, which present significant difficulties to construction of the uses permitted on that

site, or would require extraordinary construction methods. See also environmental constraints.

     (29) Planning board. The official planning agency of a municipality, whether designated

as the plan commission, planning commission, plan board, or as otherwise known.

     (30) Plat. A drawing or drawings of a land development or subdivision plan showing the

location, boundaries, and lot lines of individual properties, as well as other necessary information

as specified in the local regulations.

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     (31) Pre-application conference. An initial meeting between developers and municipal

representatives that affords developers the opportunity to present their proposals informally and to

receive comments and directions from the municipal officials and others. See § 45-23-35.

     (32) Preliminary plan. A required stage of land development and subdivision review that

generally requires detailed engineered drawings. See § 45-23-39.

     (33) Public hearing. A hearing before the planning board that is duly noticed in accordance

with § 45-23-42 and that allows public comment. A public hearing is not required for an application

or stage of approval unless otherwise stated in this chapter.

     (34) Public improvement. Any street or other roadway, sidewalk, pedestrian way, tree,

lawn, off-street parking area, drainage feature, or other facility for which the local government or

other governmental entity either is presently responsible, or will ultimately assume the

responsibility for maintenance and operation upon municipal acceptance.

     (35) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface

of the ground.

     (36) Storm water detention. A provision for storage of storm water runoff and the

controlled release of the runoff during and after a flood or storm.

     (37) Storm water retention. A provision for storage of storm water runoff.

     (38) Street. A public or private thoroughfare used, or intended to be used, for passage or

travel by motor vehicles. Streets are further classified by the functions they perform. See street

classification.

     (39) Street, access to. An adequate and permanent way of entering a lot. All lots of record

shall have access to a public street for all vehicles normally associated with the uses permitted for

that lot.

     (40) Street, alley. A public or private thoroughfare primarily designed to serve as

secondary access to the side or rear of those properties whose principal frontage is on some other

street.

     (41) Street, cul-de-sac. A local street with only one outlet and having an appropriate

vehicular turnaround, either temporary or permanent, at the closed end.

     (42) Street, limited access highway. A freeway or expressway providing for through

traffic. Owners or occupants of abutting property on lands and other persons have no legal right to

access, except at the points and in the manner as may be determined by the public authority having

jurisdiction over the highway.

     (43) Street, private. A thoroughfare established as a separate tract for the benefit of

multiple, adjacent properties and meeting specific, municipal improvement standards. This

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definition does not apply to driveways.

     (44) Street, public. All public property reserved or dedicated for street traffic.

     (45) Street, stub. A portion of a street reserved to provide access to future development,

which may provide for utility connections.

     (46) Street classification. A method of roadway organization that identifies a street

hierarchy according to function within a road system, that is, types of vehicles served and

anticipated volumes, for the purposes of promoting safety, efficient land use, and the design

character of neighborhoods and districts. Local classifications use the following as major

categories:

     (i) Arterial. A major street that serves as an avenue for the circulation of traffic into, out

of, or around the municipality and carries high volumes of traffic.

     (ii) Collector. A street whose principal function is to carry traffic between local streets and

arterial streets but that may also provide direct access to abutting properties.

     (iii) Local. Streets whose primary function is to provide access to abutting properties.

     (47) Subdivider. Any person who: (i) Having an interest in land, causes it, directly or

indirectly, to be divided into a subdivision; or who (ii) Directly or indirectly sells, leases, or

develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest,

lot, parcel, site, unit, or plat in a subdivision; or who (iii) Engages directly or through an agent in

the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision

or any interest, lot, parcel, site, unit, or plat in a subdivision.

     (48) Subdivision. The division of a lot, tract, or parcel of land into two or more lots, tracts,

or parcels or any adjustment to existing lot lines is considered a subdivision.

     (i) Administrative subdivision. Subdivision of existing lots that yields no additional lots

for development, and involves no creation or extension of streets. This subdivision only involves

division, mergers, mergers and division, or adjustments of boundaries of existing lots. The process

by which an administrative officer or municipal planning board or commission reviews any

subdivision qualifying for this review is set forth in § 45-23-37.

     (ii) Minor subdivision. A subdivision creating nine (9) or fewer buildable lots and a

subdivision creating ten (10) or more buildable lots on an existing improved public street. The

process by which a municipal planning board, commission, technical review committee, and/or

administrative officer reviews a minor subdivision is set forth in § 45-23-38. Minor subdivisions

shall include oversized lot subdivisions. Oversized lot subdivision — Subdivision of an existing

lot:

     (A) Which results in the creation of a vacant lot or lots for residential use; and

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     (B) Which resulting vacant residential lots are equal to or greater in lot area than the lot

area of at least fifty percent (50%) of the developed residential lots within two hundred feet (200′)

of the lot proposed for subdivision, as confirmed by a professional land surveyor based on a

compilation plan, as such term is defined by the rules and regulations for professional land

surveying; and

     (C) Which resulting residential lots have access to available sewer and water, or have

demonstrated the ability to drill a private well meeting state standards if no public water is available

and/or the suitability and setbacks required for an on-site wastewater treatment system, where no

public sewer is available; and

     (D) The resulting lots are not less than three thousand square feet (3,000 ft2) in lot size for

each.

     A lot, qualifying for this type of subdivision shall be reviewed under the requirements and

procedures set forth in § 45-23-38, but shall not require zoning relief solely based on the resulting

reduced lot area of the newly created lots. The resulting subdivided lots shall have the benefit of

reduced requirements as set forth in § 45-24-38, and/or are eligible for the processes set forth in §

45-24-46, as applicable.

     (iii) Major subdivision. A subdivision creating ten (10) or more buildable lots where a

street extension or street creation is required. The process by which a municipal planning board or

commission reviews any subdivision qualifying for this review under § 45-23-39.

     (49) Technical review committee. A committee or committees appointed by the

municipality for the purpose of reviewing, commenting, approving, and/or making

recommendations to the planning board or administrative officer, as set forth in this chapter.

     (50) Temporary improvement. Improvements built and maintained by a developer during

construction of a development project and prior to release of the improvement guarantee, but not

intended to be permanent.

     (51) Vested rights. The right to initiate or continue the development of an approved project

for a specified period of time, under the regulations that were in effect at the time of approval, even

if, after the approval, the regulations change prior to the completion of the project.

     (52) Waiver of requirements. See § 45-23-62.

     45-23-50. Special provisions — Development plan review.

     (a) Municipalities may provide for development plan review, as defined in §§ 45-23-32

and 45-24-49 of the Rhode Island Zoning Enabling Act of 1991, as part of the local regulations. In

these instances, local regulations must include all requirements, and procedures, and standards

necessary for proper review and recommendations of projects subject to development plan review

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to ensure consistency with the intent and purposes of this chapter and with § 45-24-49 of the Rhode

Island Zoning Enabling Act of 1991. In addition, the required findings set forth in § 45-23-60 shall

apply. The local regulations and/or ordinances shall identify the permitting authority with the

responsibility to review and approve applications for development plan review, which shall be

designated as the planning board, technical review committee, or administrative officer. The In

municipalities which utilize development plan review the local regulations and/or ordinances shall

provide for specific categories of projects that may review and approve an application

administratively as well as categories that are required to be heard by the designated planning board,

or authorized permitting authority. Unless the review process is waived as set forth below, all

adaptive reuse projects meeting the requirement of § 45-24-37(h), which at the time of submission

of the development plan review application, are located on state-owned property shall be reviewed

administratively.

     (b) The authorized permitting authority may waive requirements for development plan

approval where there is a change in use or occupancy and no extensive construction of

improvements is sought. The waiver may be granted only by a decision by the permitting authority

finding that the use will not affect existing drainage, circulation, relationship of buildings to each

other, landscaping, buffering, lighting, and other considerations of development plan approval, and

that the existing facilities do not require upgraded or additional site improvements. The application

for a waiver of development plan approval review shall include documentation, as required by the

permitting authority, on prior use of the site. the proposed use, and its impact.

     (c) The authorized permitting authority may grant waivers of design standards as set forth

in the local regulations and zoning ordinance. The local regulations shall specifically list what

limited waivers an administrative officer is authorized to grant as part of their review.

     (d) Review stages. Administrative development plan review consists of one stage of

review, while formal development plan review consists of two (2) stages of review, preliminary

and final. The administrative officer may combine the approval stages, providing requirements for

both stages are met by the applicant to the satisfaction of the administrative officer.

     (1) Application requesting relief from the zoning ordinance.

     (i) Applications under this chapter that require relief that qualifies only as a modification

under § 45-24-46 and local ordinances may proceed by filing an application under this chapter and

a request for a modification to the zoning enforcement officer. If such modification is granted the

application shall then proceed to be reviewed by the administrative officer as to completeness

pursuant to the applicable requirements of this section. If the modification is denied or an objection

is received as set forth in § 45-24-46, such application shall proceed under unified development

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review pursuant to § 45-23-50.1.

     (ii) Applications under this section that require relief from the literal provisions of the

zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning

board under unified development review pursuant to § 45-23-50.1, and a request for review shall

accompany the preliminary plan application.

     (e) Submission requirements. Any applicant requesting approval of a proposed

development under this chapter, shall submit to the administrative officer the items required by the

local regulations. Requests for relief from the literal requirements of the zoning ordinance and/or

for the issuance of special-use permits or use variances related to projects qualifying for

development plan review shall be submitted and reviewed under unified development review

pursuant to § 45-23-50.1.

     (f) Certification. The application shall be certified, in writing, complete or incomplete by

the administrative officer within twenty-five (25) days or within fifteen (15) days if no street

creation or extension is required, and/or unified development review is not required, according to

the provisions of § 45-23-36(c). If an applicant also submits for a modification to the zoning

enforcement officer, the running of the time period set forth herein will not begin until the decision

on the modification is made as set forth in § 45-24-46. The running of the time period set forth in

this section will be deemed stopped upon the issuance of a written certificate of incompleteness of

the application by the administrative officer and will recommence upon the resubmission of a

corrected application by the applicant. However, in no event will the administrative officer be

required to certify a corrected submission as complete or incomplete less than ten (10) days after

its resubmission. If the administrative officer certifies the application as incomplete, the officer

shall set forth in writing with specificity the missing or incomplete items.

     (g) Timeframes for decision.

     (1) Administrative development plan approval. An application shall be approved,

denied, or approved with conditions within twenty-five (25) days of the certificate of completeness

or within any further time that is agreed to in writing by the applicant and administrative officer.

     (2) Formal development plan approval.

     (i) Preliminary plan. Unless the application is reviewed under unified development

review, the permitting authority will approve, deny, or approve with conditions, the preliminary

plan within sixty-five (65) days of certification of completeness, or within any further time that is

agreed to by the applicant and the permitting authority.

     (ii) Final plan. For formal development plan approval, the permitting authority shall

delegate final plan review and approval to the administrative officer. The officer will report its

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actions in writing to the permitting authority at its next regular meeting, to be made part of the

record. The final plan shall be approved or denied within forty-five (45) days after the certification

of completeness, or within a further amount of time that may be consented to by the applicant, in

writing.

     (h) Failure to act. Failure of the administrative officer or the permitting authority to act

within the period prescribed constitutes approval of the preliminary plan, and a certificate of the

administrative officer as to the failure to act within the required time and the resulting approval

shall be issued on request of the application.

     (i) Vested rights. Approval of development plan review shall expire two (2) years from

the date of approval unless, within that period, a plat or plan, in conformity with approval, and as

defined in this act, is submitted for signature and recording as specified in § 45-23-64. Validity

may be extended for an additional period upon application to the administrative officer or

permitting authority, whichever entity approved the application, upon a showing of good cause.

     (j) Modifications and changes to plans.

     (1) Minor changes, as defined in the local regulations, to the plans approved at any stage

may be approved administratively, by the administrative officer. The changes may be authorized

without an additional planning board meeting. All changes shall be made part of the permanent

record of the project application. This provision does not prohibit the administrative officer from

requesting recommendation from either the technical review committee or the permitting authority

if the permitting authority is not the administrative officer. Denial of the proposed change(s) shall

be referred to the permitting authority for review as a major change.

     (2) Major changes, as defined in the local regulations, to the plans approved at any stage

may be approved only by the permitting authority and must follow the same review and hearing

process required for approval of preliminary plans, which shall include a public hearing, if

originally required as part of the project’s approvals.

     (3) The administrative officer shall notify the applicant in writing within fourteen (14) days

of submission of the written request for a change if the administrative officer determines that there

has been a major change to the approved plans.

     (k) Appeal. A decision under this section shall be considered an appealable decision

pursuant to § 45-23-71.

     45-23-60. Procedure — Required findings.

     (a) Except as set forth in this section, all local regulations shall require that for all

administrative, development plan review, minor, and major subdivision and development

applications the approving authorities responsible for land development and subdivision review

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and approval permitting authority shall make positive findings on the following standard

provisions, as part of the proposed project’s record prior to approval:

     (1) The proposed development is consistent with the comprehensive community plan

and/or has satisfactorily addressed the issues where there may be inconsistencies;

     (2) The proposed development is in compliance with the standards and provisions of the

municipality’s zoning ordinance or has obtained relief from the same, or another provision of this

chapter that exempts compliance with a specific provision or standard;

     (3) There will be no significant negative environmental impacts from the proposed

development as shown on the final plan, with all required conditions for approval;

     (4) The subdivision, as proposed, will not result in the creation of individual lots with any

physical constraints to development that building on those lots according to pertinent regulations

and building standards would be impracticable. (See definition of Buildable lot). Lots with physical

constraints to development may be created only if identified as permanent open space or

permanently reserved for a public purpose on the approved, recorded plans; and

     (5) All proposed land developments and all subdivision lots have adequate physical and

permanent physical access to a public street unless there are local zoning ordinance provisions

allowing exceptions to this requirement or the applicant has obtained the required relief from this

provision.

     (b) Except for administrative subdivisions, findings of fact must be supported by legally

competent evidence on the record which discloses the nature and character of the observations upon

which the fact finders acted.

     (c) Minor subdivisions subject to administrative review and approval only, as set forth in

§ 45-23-38(a)(2) shall only be subject to the standard provisions set forth in subsections (a)(1),

(a)(2), and (a)(5) of this section.

     (d) Adaptive reuse projects which meet the requirements of § 45-24-37(h) shall only be

subject to the standard provision set forth in subsection (a)(3) of this section.

     SECTION 3. Section 45-24-28 of the General Laws in Chapter 45-24 entitled "Zoning

Ordinances" is hereby amended to read as follows:

     45-24-28. Continuation of ordinances — Supercession — Relation to other statutes.

     (a) Any zoning ordinance or amendment of the ordinance enacted after January 1, 1992,

shall conform to the provisions of this chapter. All lawfully adopted zoning ordinances shall be

brought into conformance with this chapter by December 31, 1994. Each city and town shall review

its zoning ordinance and make amendments or revisions that are necessary to bring it into

conformance with this chapter.

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     (b) All zoning ordinances adopted under authority of §§ 45-24-1 through 45-24-26 or any

special zoning enabling act that is in effect on June 17, 1991, shall remain in full force and effect

until December 31, 1994, unless earlier amended so as to conform to the provisions of this chapter,

except that § 45-24-37 and § 45-24-44 shall become effective on January 1, 1992.

     (c) Former §§ 45-24-1 through 45-24-26 and all special zoning enabling acts, including,

but not limited to, chapter 2299 of the public laws of 1922, as amended (town of Westerly); chapter

1277 of the public laws of 1926, as amended (town of Narragansett); chapter 2065 of the public

laws of 1933, as amended (town of West Warwick); chapter 2233 of the public laws of 1935, as

amended (town of Johnston); chapter 2079 of the public laws of 1948, as amended (town of North

Kingstown); chapter 3125 of the public laws of 1953, as amended (town of New Shoreham);

chapter 101 of the public laws of 1973, as amended (town of South Kingstown); are repealed

effective December 31, 1994. All provisions of zoning ordinances adopted under authority of the

provisions of former §§ 45-24-1 through 45-24-26 or of any special act are repealed and are null

and void as of December 31, 1994, unless amended so as to conform to the provisions of this

chapter.

     (d) Chapter 24.1 of this title, entitled “Historical Area Zoning”, and chapter 3 of title 1,

entitled “Airport Zoning”, are not superseded by this chapter; provided, that any appeal to the

superior court pursuant to chapter 24.1 of this title, entitled “Historical Area Zoning”, or pursuant

to chapter 3 of title 1, entitled “Airport Zoning”, is taken in the manner provided in § 45-24-69.

     (e) Nothing in this chapter shall be construed to limit the authority of agencies of state

government to perform any regulatory responsibilities, so long as the same are in accordance with

the provisions of this chapter.

     SECTION 4. Section 45-53-10 of the General Laws in Chapter 45-53 entitled "Low and

Moderate Income Housing" is hereby amended to read as follows:

     45-53-10. Repurposing of vacant schools for affordable housing program

Repurposing of vacant schools for housing program.

     (a) There is hereby established the repurposing of school buildings for an affordable

housing program (the “program”). The program shall be administered by the secretary executive

office of housing as set forth herein.

     (b) The purpose of the program shall be to provide guidance and assistance in the

repurposing of vacant and unused school buildings as identified and existing as of July 1 of each

year, commencing October 1, 2022.

     (c) The department of elementary and secondary education (the “department”) shall,

commencing on October 1, 2022, on an annual basis, provide to the speaker of the house, the

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president of the senate, and the secretary of housing a list of all school buildings that have been

abandoned or are no longer being used by a school district, including buildings formerly used for

educational instruction, administration and ancillary uses.

     (d)(1) Each municipality shall provide the department with a complete list of buildings

abandoned or no longer being used by the school district for the purposes of conducting a feasibility

assessment to repurpose the building as affordable housing, including at least twenty-five percent

(25%) of the units designated as affordable housing. The department shall also include and identify

in the list those school buildings that the department anticipates will become abandoned or no

longer used by a school district within the next six (6) months following the issuance of the list.

     (2) The secretary of housing shall convene a task force comprised of the Rhode Island

housing and mortgage finance corporation, the department of environmental management, the

department of health, and a fire marshal to develop assessment criteria to conduct preliminary

assessments to determine if a building may be repurposed into affordable housing, including at

least twenty-five percent (25%) of the units designated as affordable housing. Once the preliminary

assessment criteria are established, the executive office of housing shall conduct the assessments

for each school on the vacant schools list.

     (3) If the executive office of housing finds that the assessed building meets the preliminary

assessment criteria, the office may, contingent upon program funding, facilitate a feasibility study

to determine the anticipated costs to repurpose the building for affordable housing, including at

least twenty-five percent (25%) of the units designated as affordable housing. This feasibility study

shall be completed within one hundred eighty (180) days after the executive office of housing has

been notified of the availability of a vacant building pursuant to this section.

     (4) Once a building is determined by the executive office of housing to be appropriate for

repurposing as affordable housing, through a completed feasibility study, if completed, the

executive office of housing, in collaboration with the respective municipality, may invite

prospective developers to submit proposals for redevelopment of the site through a competitive

process, with the goal of repurposing the building into affordable housing, including at least twenty-

five percent (25%) of the units designated as affordable housing.

     (e) The executive office of housing shall maintain on its website a separate page related to

the repurposing of buildings for the affordable housing program. This website shall contain a listing

of all buildings for which a feasibility assessment was conducted and the outcome of the

assessment, including a general statement of the condition of the property, an estimate of the types

of renovations, if any, that must be performed to the property, a copy of the feasibility study, and

an estimate of the costs thereof. Provided, it shall be made clear on the website that these are

LC005726/SUB A - Page 15 of 17

estimates to repurpose used buildings, and that neither the state, the corporation, the division, the

commission, or any instrumentality of the state or of a municipality or school district shall be liable

for any estimates that are incorrect.

     (f) The executive office of housing may seek to assist and facilitate persons and developers

who or that want to repurpose former buildings as affordable housing. This assistance may include,

but need not be limited to, technical and financial assistance, all to assist in the repurposing of the

school building.

     (g) The Rhode Island executive office of housing shall promulgate rules and regulations

for the implementation and enforcement of this section.

     (h) The secretary of housing shall provide an annual report on or before December 31,

commencing with calendar year 2023, including, but not limited to, the number of schools that are

vacant and include a status report of any development and/or feasibility to repurpose a vacant

building.

     (i) As used herein, the term “affordable housing” means housing that meets the definition

for low- or moderate-income housing in § 45-53-3.

     SECTION 5. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING

AND LAND USE ACT

***

     This act would amend various provisions relative to adaptive reuse projects on state-owned

property and certain conditions applied thereto.

     This act would take effect upon passage.

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